Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 258 Ì6937422Î693742 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Bean) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 627.4301, Florida Statutes, is amended 6 to read: 7 627.4301 Genetic information for insurance purposes.— 8 (1) DEFINITIONS.—As used in this section, the term: 9 (a) “Genetic information” means information derived from 10 genetic testing to determine the presence or absence of 11 variations or mutations, including carrier status, in an 12 individual’s genetic material or genes that are scientifically 13 or medically believed to cause a disease, disorder, or syndrome, 14 or are associated with a statistically increased risk of 15 developing a disease, disorder, or syndrome, which is 16 asymptomatic at the time of testing. Such testing does not 17 include routine physical examinations or chemical, blood, or 18 urine analysis, unless conducted purposefully to obtain genetic 19 information, or questions regarding family history. 20 (b) “Genetic test results” includes, but is not limited to, 21 results of direct-to-consumer commercial genetic testing. 22 (c) “Health insurer” means an authorized insurer offering 23 health insurance as defined in s. 624.603, a self-insured plan 24 as defined in s. 624.031, a multiple-employer welfare 25 arrangement as defined in s. 624.437, a prepaid limited health 26 service organization as defined in s. 636.003, a health 27 maintenance organization as defined in s. 641.19, a prepaid 28 health clinic as defined in s. 641.402, a fraternal benefit 29 society as defined in s. 632.601, or any health care arrangement 30 whereby risk is assumed. 31 (d) “Life insurer” has the same meaning as provided in s. 32 624.602 and includes an insurer issuing life insurance contracts 33 that grant additional benefits in the event of an insured’s 34 disability. 35 (e) “Long-term care insurer” means an insurer that issues 36 long-term care insurance policies as described in s. 627.9404. 37 (2) RESTRICTIONS ON THE USE OF GENETIC INFORMATION BY 38 HEALTH INSURERS.— 39 (a) In the absence of a diagnosis of a condition related to 40 genetic information, no health insurer authorized to transact 41 insurance in this state may cancel, limit, or deny coverage, or 42 establish differentials in premium rates, based on such 43 information. 44 (b) Health insurers may not require or solicit genetic 45 information, use genetic test results, or consider a person’s 46 decisions or actions relating to genetic testing in any manner 47 for any insurance purpose. 48 (c) This subsection
sectiondoes not apply to the 49 underwriting or issuance of a life insurance policy, disability 50 income policy, long-term care policy, accident-only policy, 51 hospital indemnity or fixed indemnity policy, dental policy, or 52 vision policy or any other actions of an insurer directly 53 related to a life insurance policy, disability income policy, 54 long-term care policy, accident-only policy, hospital indemnity 55 or fixed indemnity policy, dental policy, or vision policy. 56 (3) RESTRICTIONS ON THE USE OF GENETIC INFORMATION BY LIFE 57 INSURERS, LONG-TERM CARE INSURERS, AND DISABILITY INCOME 58 INSURERS.— 59 (a) A life insurer, long-term care insurer, or disability 60 income insurer may not: 61 1. Require an applicant to take a genetic test; 62 2. Collect an applicant’s genetic information or genetic 63 test results without the applicant’s authorization; or 64 3. Consider the results of a genetic test that is designed 65 to share information with an individual concerning the 66 applicant’s race, ethnicity, or national origin and that is not 67 related to an applicant’s medical condition or future health 68 risk. 69 (b) A life insurer, long-term care insurer, or disability 70 income insurer may only consider genetic test results included 71 in an individual’s medical record if the tests have been 72 reviewed and confirmed by the individual’s physician and the 73 insurer complies with paragraph (c). 74 (c) A life insurer, long-term care insurer, or disability 75 income insurer may not cancel, limit, or deny coverage, or 76 establish differentials in premium rates, based on genetic 77 information unless such action is based on objective statistical 78 evidence related to actual or anticipated loss experience that 79 is relevant to an individual’s life expectancy or health. A life 80 insurer, long-term care insurer, or disability income insurer 81 shall document the rationale for such action and provide the 82 documentation to the office upon request. 83 (d) Genetic information, including genetic test results, is 84 nonpublic, private health information and is subject to the 85 privacy protections under ss. 626.9651 and 760.40. 86 (e) This subsection does not relieve the obligation of a 87 life insurer, long-term care insurer, or disability income 88 insurer to comply with ss. 626.9706 and 626.9707. 89 (f) This subsection does not apply to health insurers. 90 (g) This subsection applies to policies entered into or 91 renewed on or after January 1, 2020. 92 Section 2. Section 760.40, Florida Statutes, is amended to 93 read: 94 760.40 Genetic testing; informed consent; confidentiality; 95 penalties; notice of use of results.— 96 (1) As used in this section, the term “DNA analysis” means 97 the medical and biological examination and analysis of a person 98 to identify the presence and composition of genes in that 99 person’s body. The term includes DNA typing and genetic testing, 100 which includes direct-to-consumer commercial genetic testing. 101 (2)(a) Except for purposes of criminal prosecution, except 102 for purposes of determining paternity as provided in s. 409.256 103 or s. 742.12(1), and except for purposes of acquiring specimens 104 as provided in s. 943.325, DNA analysis may be performed only 105 with the informed consent of the person to be tested, and the 106 results of such DNA analysis, whether held by a public or 107 private entity, are the exclusive property of the person tested, 108 are confidential, and may not be disclosed without the consent 109 of the person tested. Such information held by a public entity 110 is exempt from the provisions of s. 119.07(1) and s. 24(a), Art. 111 I of the State Constitution. 112 (b) A person who violates paragraph (a) is guilty of a 113 misdemeanor of the first degree, punishable as provided in s. 114 775.082 or s. 775.083. 115 (3) A person, including an entity providing direct-to 116 consumer commercial genetic testing, who performs DNA analysis 117 or receives records, results, or findings of DNA analysis must 118 provide the person tested with notice that the analysis was 119 performed or that the information was received. The notice must 120 state that, upon the request of the person tested, the 121 information will be made available to his or her physician. The 122 notice must also state whether the information was used in any 123 decision to grant or deny any insurance, employment, mortgage, 124 loan, credit, or educational opportunity. If the information was 125 used in any decision that resulted in a denial, the analysis 126 must be repeated to verify the accuracy of the first analysis, 127 and if the first analysis is found to be inaccurate, the denial 128 must be reviewed. 129 (4) A person, including a company providing direct-to 130 consumer commercial genetic testing, may not sell, release, or 131 share any personal identifying health information about a 132 consumer with a life or health insurance company without a prior 133 written authorization and a written request from the consumer 134 for release of the information. 135 Section 3. This act shall take effect July 1, 2019. 136 137 ================= T I T L E A M E N D M E N T ================ 138 And the title is amended as follows: 139 Delete everything before the enacting clause 140 and insert: 141 A bill to be entitled 142 An act relating to the use of genetic information; 143 amending s. 627.4301, F.S.; defining the terms 144 “genetic test results,” “life insurer,” and “long-term 145 care insurer”; prohibiting life insurers, long-term 146 care insurers, and disability income insurers from 147 certain actions relating to genetic information or 148 genetic testing of applicants; providing that such 149 insurers may consider an individual’s genetic test 150 results only under certain circumstances; prohibiting 151 such insurers from taking certain actions relating to 152 coverage or rates unless certain conditions are met; 153 providing that genetic information is nonpublic, 154 private health information and is subject to certain 155 privacy protections; providing construction and 156 applicability; amending s. 760.40, F.S.; revising the 157 definition of the term “DNA analysis”; specifying that 158 certain requirements relating to DNA analysis apply to 159 entities providing direct-to-consumer commercial 160 genetic testing; prohibiting certain actions by such 161 entities without a prior written authorization and 162 request from the consumer for release of certain 163 information; providing an effective date.